In this HR HealthCheck, we discuss two recently released arbitral decisions involving retirement and long-term care home providers whose responses to the COVID-19 pandemic were challenged by their unions. The first case deals with a mandatory testing policy. The second case considers an employer’s right to cancel an employee’s leave of absence in order to…
In this edition of the HR Healthcheck, we discuss the newly revised Directive #5 issued by Ontario’s Chief Medical Officer of Health (CMOH) with respect to personal protective equipment use in public hospitals and long-term care homes. We also discuss a new regulation filed under the Personal Health Information Protection Act which expands administrative responsibilities under that statute. Finally, we mention Ontario’s recent announcement limiting visitors to long-term care homes in Toronto, Ottawa and Peel Region.
On May 13, 2020, the Ontario government issued an order (O. Reg. 210/20, Management of Long-Term Care Homes in Outbreak) (Order) made under the Emergency Management and Civil Protection Act which is intended to provide long-term care homes with additional assistance in managing COVID-19 outbreaks.
On May 1, 2020, the Ontario government made a new temporary emergency order under the Emergency Management and Civil Protection Act which gives Hospitals more flexibility in respect of their credentialing processes.
In an award dated May 4, 2020, Arbitrator Stout addressed, among other things, critical aspects of the CMOH’s Directives respecting access to and use of personal protective equipment (PPE). In this HR HealthCheck, we provide an overview of this significant award (Award), a decision of notable impact to health care providers and health care workers alike, in both the Hospital and Long-Term Care sectors.
On May 1, 2020, the Ontario government made a new temporary emergency order under the Emergency Management and Civil Protection Act which authorizes certain persons access to provincial electronic health records.
In this FTR Now, we review the latest order (Order) made under the Emergency Management and Civil Protection Act (EMCPA) on April 24, 2020 regarding temporary measures focusing on the long-term care sector and the fight against COVID-19 (O. Reg. 174/20). We also discuss the new temporary pandemic payment introduced to support certain frontline workers in Ontario, announced by the Ontario government on April 25, 2020.
On April 14, 2020, the Ontario government issued an Emergency Order (Order) pursuant to the Emergency Management and Civil Protection Act (EMCPA) which relates specifically to staffing issues in Ontario’s long-term care sector. The Order, O. Reg. 146/20, Limiting Work to a Single Long-Term Care Home, creates immediate obligations for both long-term care employers and employees working in long-term care homes. Once the requirements of the Order are met, the Order will effectively impose a “single-employer” rule for employees in this sector, preventing them from working for more than one Health Service Provider or retirement home until the Order is lifted.
In its “COVID-19 Quick Reference Public Health Guidance on Testing and Clearance” of March 27, 2020, the Ontario Ministry of Health (MOH) stated that only symptomatic individuals should be tested.
On April 7, 2020, the Ontario government announced that it is launching the “Health Workforce Matching Portal”. The Portal will enable available health care workers to assist in the province’s response to the COVID-19 pandemic by matching those workers with employers, such as hospitals, clinics and assessment centres, to help, for example, in public health functions such as case and contact management.